Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I move amendment No. 84:

In page 44, to delete lines 11 to 27 and substitute the following:“(2) Where, before the relevant day, a person has entered into consultations with the Board under section 37B of the Act of 2000 in relation to a relevant development but no notice under subsection (4)(a) of that section has been served on such person following such consultations, such consultations shall, on and after the relevant day and by virtue of this subsection, cease and, on and after the relevant day, no such notice shall be served on such person.

(3) (a) Paragraphs (b)and (c)apply where, before the relevant day, a notice has been served on a person under section 37B(4)(a) of the Act of 2000 in relation to a relevant development on a person but no related application has been made under section 37E of that Act.

(b) On and after the relevant day, the notice that has been served under section 37B(4)(a) of the Act of 2000 shall, by virtue of this subsection, be deemed to be withdrawn by the Board and—

(i) accordingly, the related application may not be made under section 37E of that Act or, if made, the Board shall refuse to deal with it, and

(ii) the Board shall, as soon as is practicable on or after the relevant day, give notice in writing to the person on whom such notice was served that he or she may not make the related application under section 37E of that Act and the reasons for that.

(c) This subsection shall not be construed as preventing the related application from being proceeded with by way of being made to the appropriate planning authority.

(4) (a) Paragraphs (b)and (c)apply where, before the relevant day, an application has been made under section 37E of the Act of 2000 in relation to a relevant development, but has not yet been determined by, the Board.

(b) On and after the relevant day, the notice that has been served under section 37B(4)(a) of the Act of 2000 that gave rise to the application shall, by virtue of this subsection, be deemed to be withdrawn by the Board and—

(i) accordingly, the Board shall refuse to further deal with the application,

(ii) the Board shall return the application to the person who made it together with any fee that accompanied the application, and

(iii) the Board shall, as soon as is practicable on or after the relevant day, give notice in writing to the person who made the application, and any other person who has made submissions or observations on the application, that the Board will no longer deal with the application and the reasons for that.

(c) This subsection shall not be construed as preventing the application from being proceeded with by way of being made to the appropriate planning authority.

(5) Sections 146B and 146C of the Act of 2000 shall, on and after the relevant day, cease to apply to a decision of the Board to grant permission under section 37G of that Act to a relevant development.

(6) In this section—

“planning authority” means a local authority within the meaning of section 2 of the Act of 2001;

“relevant day” means the day on which subsection (1)comes into operation;

“relevant development” means the development deleted, bysubsection (1), from paragraph 2 of the Seventh Schedule to the Act of 2000.”.

This amendment stems from a change made to section of 11 on Committee Stage on foot of consultations with Deputies. That change ensured that every planning application for development of the airport would be assessed by the noise regulator - not the planning authority - in order to determine the likely noise impacts and decide whether there would be a requirement to carry out the Regulation 598/2014 process. Amendment No. 84 makes sure that any planning application relating to Dublin Airport that is currently with An Bord Pleanála under the accelerated strategic infrastructure development process which has not yet been decided is brought back to the start to ensure that the noise regulator gets to make an initial assessment of it. This means that, on enactment of the Bill, any applications that have not been decided under the said process will now be returned to the applicant with the applicant's fee. If the applicant wishes to proceed with the proposal, it must make a new application directly to the planning authority which will then be examined by the noise regulator for any potential noise implications as set out under section 11.

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